Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.7.01

How documents, information and statements are to be given

             (1)  For subsection 940C(3) of the Act:

                     (a)  if general advice is given orally in a public forum, information that subsection 941C(5) of the Act requires to be given must be given orally; and

                     (b)  if general advice is given in electronic form in a public forum, information that subsection 941C(5) of the Act requires to be given must be given in electronic form; and

                     (c)  if general advice is given in writing (otherwise than in electronic form) in a public forum, information that subsection 941C(5) of the Act requires to be given must be given in writing; and

                     (d)  if general advice is given in any other manner in a public forum, information that subsection 941C(5) of the Act requires to be given must be given in the same manner.

             (2)  For paragraph 940C(7)(a) of the Act, a Financial Services Guide and a Statement of Advice may be given to a person in either of the following ways:

                     (a)  making the Guide or Statement available to the person in any way that:

                              (i)  is agreed to by the person; and

                             (ii)  allows the regulated person to be satisfied, on reasonable grounds, that the person has received the Guide or Statement;

                     (b)  making the Guide or Statement available to the person's agent in any way that:

                              (i)  is agreed to by the agent; and

                             (ii)  allows the regulated person to be satisfied, on reasonable grounds, that the agent has received the Guide or Statement.

             (3)  For paragraph 940C(7)(b) of the Act, a document, information or statement that is to be given in electronic form must, as far as practicable, be presented in a way that will allow the person to whom it is given to keep a copy of it so that the person can have ready access to it in the future.

             (4)  A document or statement that is to be given in electronic form must be presented in a way that clearly identifies the information that is part of the document or statement.



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